In November 2020, Bangladesh enacted the Marine Fisheries Act, 2020 (Act No. 19 of 2020), replacing the outdated Marine Fisheries Ordinance of 1983. This legislative overhaul aimed to modernize the management of the country’s marine fisheries, aligning with contemporary conservation practices and addressing constitutional concerns raised by the Supreme Court regarding the legitimacy of laws enacted during military rule.

KEY FEATURES OF THE MARINE FISHERIES ACT, 2020

The Act comprises 64 sections across 12 chapters, covering various aspects of marine fisheries management. Notable provisions include:

• Distinction Between Artisanal and Industrial Fishing:

The Act differentiates between artisanal fishers (operating vessels with a capacity of 15 tonnes or less) and industrial fishers, establishing separate licensing regimes for each.

• Regulation of Foreign Fishing Vessels:

It imposes strict controls on foreign fishing vessels operating within Bangladesh’s maritime boundaries, including penalties for unauthorized fishing activities.

• Prohibition of Destructive Fishing Methods:

The use of explosives, poisons and other harmful substances for fishing is banned, alongside the use of prohibited nets and equipment.

• Establishment of Marine Protected Areas (MPAs):

The government is empowered to declare MPAs to conserve marine biodiversity and restrict activities such as fishing and dredging within these zones.

• Mariculture Zones:

The Act allows for the declaration of mariculture zones to promote sustainable aquaculture practices, although concerns have been raised about the potential environmental impacts and lack of community consultation.

IMPLEMENTATION AND STAKEHOLDER CONCERNS

Despite its progressive framework, the implementation of the Marine Fisheries Act has faced challenges. The Bangladesh Marine Fisheries Association (BMFA) and other stakeholders have expressed concerns over certain provisions, particularly the stringent penalties for violations, which range from fines to imprisonment. They argue that these measures, coupled with limited consultation during the drafting process, have created uncertainty and apprehension among fishers and traders.

Furthermore, experts have critiqued the Act for not fully integrating internationally recognized principles of sustainable fisheries management, such as ecosystem-based approaches and collaborative governance. The absence of explicit provisions for capacity building and community engagement has been highlighted as a missed opportunity to enhance the effectiveness of the Act.

CONCLUSION

The Marine Fisheries Act, 2020 represents a significant step towards modernizing Bangladesh’s approach to marine fisheries management. While it introduces essential measures for conservation and regulation, its success will depend on effective implementation, stakeholder engagement and alignment with international best practices. Ongoing dialogue among the government, fishers and other stakeholders is crucial to address concerns and ensure that the Act fulfills its objectives of sustainable and equitable fisheries management.